Terms and Conditions/Limitation of Liability

PCS is liable for a shipment only on submission of a Bill of Lading ("BOL") or approved Shipper's Manifest that is properly executed and completed by you.

In this Bill of Lading, "we," "our," "us" and "PCS" refer to Pacific Courier Services, LLC or Pacific Cargo Services, LLC (hereinafter "PCS"), depending on which is handling the shipment. "You" and "Your" refer to you, our customer, and your agents and employees. Our customer is the party who orders and/or tenders a shipment to us for delivery. By giving us a shipment to deliver, you agree to all the terms in this Bill of Lading on your behalf and on behalf of any third party with an interest in the shipment.

1. You are responsible for properly packing your shipment and completing this Bill of Lading or approved Shipper's Manifest. At our option, we may inspect and/or reject any shipment.
   
   
2. We are not liable to you for:
   
   
   1. Direct or indirect, special, consequential, or incidental damages resulting from our delivery, from our failure to make delivery, from a delivery subject to special requests or condition or from the condition of the items shipped or delivered regardless of our actual knowledge of any particular circumstances or any negligence. These excluded damages include but are not limited to direct and indirect losses, expenses, lost profits and lost business opportunities, additional expenses related to missing, damaged or incomplete shipments, and losses of property.
      
      
   2. Damages in excess of your actual damages or $100.00, whichever is less, regardless of the declared value of a shipment. If reconstruction of the shipment is possible, we shall have no liability to you.
      
      
   3. Cash given to our drivers for COD delivery or any other reason, or any other loss of valuables including negotiable instruments, securities, notes, guns, precious stones, jewelry, equipment, personal effects, accounts, bills, debt instruments.
      
      
   4. Losses caused by events that are not controllable by us, which include but are not limited to acts of God, war, insurrection, terrorism, strikes, weather conditions, traffic congestion, or acts of public authorities.
      
      
   5. Missing property when a shipment is received and delivered in the same condition (e.g., when the seals are intact or unopened) or any damage to accepted deliveries.
      
      
   6. Your acts or omissions, or any losses, and/or damages, concealed or otherwise, which occur prior to us taking possession of a shipment or after its delivery, which include but are not limited to placement of different contents in the package than the Bill of Lading specifies, wrong addresses or instructions, or improper and/or insufficient packing or labeling.
      
      
   7. Acts or omissions of you or your agents, which acts or omissions specifically, but not exclusively, include improper or insufficient packing, labeling, securing, marking, or addressing.
      
      
   8. Missing shipments that are tendered to us for overnight or after-hours delivery, or that do not require a signature for pick up or delivery of the shipment, unless a secure area has been identified and agreed to.
      
      
3. You must make all claims arising from any shipment or BOL in writing and notify us within 10 days of the relevant occurrence leading to the claim. You must at that time give us all information available regarding the claim (including making the shipping cartons and packing materials available for inspection) and supplement that information as it becomes available. At our sole discretion, we may determine the validity of any claim and such determination is binding on you.
   
   
4. You agree to pay all shipping charges and accessorial fees, including but not limited to DIM (dimensional) weight charges, COD charges, fuel surcharges, repackaging fees, spill cleanup fees, and address correction fees. All charges and fees are subject to change without notice. You guarantee the above payments to us, even when another person agrees to make the payment or where the shipment is COD. All payments invoiced to you are due to us within 15 days of the date of the invoice. You shall have no right to deduct the amount of any claim you believe you may have against us from amounts you owe to us.
   
   
5. If you give us a shipment with COD instructions, you must instruct the recipient to issue COD checks to you, not us. We are not liable to you if we should fail to collect any COD amount owed, and we will not bill any third party for COD shipments nor deliver any COD payment to anyone other than you.
   
   
6. You shall indemnify, defend and hold harmless PCS from and against any claim or liability of any kind or nature whatsoever asserted against PCS by you or any party with an interest in the shipment made pursuant to this Bill of Lading.
   
   
7. By clicking the accept button below, I agree that shipments made with the services provided by PCS are subject to and controlled by the above terms and conditions.